Title
Conduct a public hearing and consider a variance request for a fence to encroach the side (front) yard setback of the corner lot located at 14334 Southern Pines Drive; and take appropriate action.
Body
BACKGROUND:
Don Cleghorn / Travis Cleghorn, owners of Lot 1 Block D of the Brookhaven Hills West subdivision more commonly known as 14334 Southern Pines Drive, are requesting permission for a fence to encroach the side (front) yard setback of this corner lot. The Code of Ordinances, Article VIII, Section 22-266 states that no fence shall be constructed or maintained within side yards on corner lots where side yards are required adjacent to the street to conform to minimum front yard setbacks of lots fronting upon such street within the same block and upon the same side. A variance to allow a fence to encroach the side (front) yard setback would be necessary to issue the Fence Permit.
EXPLANATION:
14334 Southern Pines is a corner lot located at the intersection of Pebble Beach Drive and Southern Pines Drive. The property has two front yards with setbacks of 30 feet each, and backs up to the Brookhaven Country Club golf course. The proposed fence would provide privacy and deter daily street traffic such as pedestrians and golf carts that routinely cut through their side (front) yard along Pebble Beach. The proposed fence location would not impede the front yard view of any other houses upon Pebble Beach Drive due to the golf course location which creates a natural break / barrier. The new owners noted that the other 3 homes at this intersection don't appear to have the same 30 foot side (front) yard setback. This information has been verified by the plat.
Just an informational note regarding variances: All variances are unique to the property and circumstances to which they were granted. While past cases can be discussed and referenced, the testimony at the public hearing, the facts provided in the application, staff report and the evidence of a pr...
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